Legal Question in Family Law in Georgia
Ga. tort immunity for inter-spousal claims?
My husband forged my name to a visa loan check for $ 15,000.00. It is my individual account and he is not an authorized user either.
Am I able to dispute the charge he deposited into his individual bank account? As far as I can tell, he wrote three checks- 1 for $2k to pay off this same Visa of mine for our furniture I charged- another 7k to a different credit card of mine- and last one for cash.
If I dispute then of course BOTH of my credit cards go unpaid. If I don't, he has signed me up for a balance transfer I didn't want!
Since GA tort immunity has already protected him from the bad checks he writes to me, I assume he is also immune from forgery charges from a wife as well?
I want to protect my perfect credit, but this cash advance will ruin me if I'm forced to pay it.
Thanks in advance for any assistance you can provide.
2 Answers from Attorneys
Re: Ga. tort immunity for inter-spousal claims?
Unless you swear out a warrant for his arrest and prosecute him, you probably will not get far on a dispute. The bank will assume, unless you do that, that he had permission.
Re: Ga. tort immunity for inter-spousal claims?
Retain an attorney ASAP!!! Ask your attorney to sue your husband for the $15,000.00 under tort and under GA Domestic Relationss Devorce Law.
Report the forgery ASAP!!! And, ask the ADA to prosecute to the full extent of the law and ask for Restitution and/or jail time.
Report the forgery to your bank via your attorney, and demand that the bank file criminal and civil charges against your husband for restitution.
File for Divorce, ASAP!!!! This is abuse, if your claim is accurate in all respects; and your failure to divorce may be used against you.
Good luck,
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